Common Virginia Probate Mistakes to Avoid

There is no separate probate court

In Virginia you qualify as executor or administrator before the clerk of the circuit court in the proper city or county, and the commissioner of accounts audits the estate.

Calendar the inventory deadline

The inventory is due to the commissioner of accounts within four months after qualification under Code of Virginia 64.2-1300.

Calendar the accounting deadlines

The first account is due within 16 months of qualification and covers the first 12 months; later accounts are due within four months after each following 12-month period under 64.2-1206.

Do not distribute too early

Pay debts, taxes, and allowances and clear the commissioner of accounts review before handing assets to beneficiaries, or you may be personally liable.

Real estate vests in heirs and devisees at death

Real property passes directly to heirs or devisees, not into the administered estate; record a list of heirs and, for intestate land, a real estate affidavit.

Budget for the Virginia probate tax

A state probate tax of 10 cents per $100 of value applies at qualification on estates over $15,000 under 58.1-1712, plus any local probate tax.